Registering rights derived from acts between spouses

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Would the Land Registry make changes in ownership’s entry (proprietorship) on the bases of acts performed between the spouses?

The Land Registry in Latvia would allow to make changes in the ownership’s entry based on an act between spouses. Such notice would be entered in Section 2 – the encumbrances of an immovable property.

Such acts per se in Latvia are called “Matrimonial property agreements”.

There would not be any difference if spouses were from another state.

And it is registered as any legal act between persons and can be notarized and submitted to Land Registry only after it is registered in the Register of Matrimonial Matters (see below).

This marriage contract is a legal act, or a special type of contract with which the parties – the spouses – establish, modify or terminate their matrimonial property relations, using their rights and the possibilities which they are granted by law, to determine their own property regimes themselves.

A marriage contract can be concluded both before marriage and during marriage, but only after the marriage has been concluded.

The spouses may agree on the distribution of the property without entering into a marriage contract.

These acts are registered beforehand in The Register of Matrimonial Matters which is an electronic collection of information (recordings). Records of the spouse’s property register are made by the notary public of the Register of Enterprises.

The Register of Enterprises shall send the information registered to the holders of registers of movables and Land Registry Offices within a working day after the entry is entered in the Register of Matrimonial Matters. The exchange of information these registers may also take the form of electronic documents.

There is no registered partnership in Latvia’s legislation.

Practical case 1

Paul and Mary married and they both own jointly an immovable property registered as such in your land book. Following a divorced between them, the property will become of exclusive ownership of Mary;

a) by means of the Court decision,
b) by an agreement between spouses in order the liquidation of their common assets.

Both options are correct.

Option a) – if spouses can’t agree and submit a claim to the court; option b) if spouses agree between themselves then through notary process.

Is this situation relevant for the registry?

Yes.

How is it reflected in the land book? What are the requirements for its registration and which documents should be presented to update the Land Registry?

A new entry in section B (Section 2 in Latvian Land registry) would be written with a new ownership – Mary based on the outcome of either Option a) or b).

Would any of your answers to these questions be different if dealing with a registered partnership, rather than a matrimonial property regime?

There is no registered partnership in Latvia’s legislation.